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Erb's Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family get closure. The process of suing can be complicated and requires a skilled lawyer.

If you win your lawsuit, your family will be awarded compensation for the medical bills of your child as well as future treatment. Learn more about the Erb's syndrome lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the specific situation of your child and the severity of their injuries, but can easily soar into the millions of dollars.

Many erb's palsy law firm palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is satisfactory to both parties. This could cut down the legal process dramatically and prevent your family from having a judge or jury decide on their case. However, if the family members cannot reach a settlement you will have to go to trial. This can take a lot of time, but can also result in a larger award.

The brachial area is a group of nerves which control movement in the arm. Forceful pulling on the neck, head arms, or shoulders during labor and delivery -like when doctors employ forceps or vacuum extractors excessively -- can damage these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits helped families get an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and has suffered brachial paralysis, an Erb's Palsy settlement could help you pay for their care. This may include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach an agreement before the trial begins.

If you're unable to reach a settlement, your case will proceed to arbitration. This means that a neutral third party will take in both sides and decide who will win the lawsuit. The hearing may be more informal than a trial, but it's crucial to present physical evidence and witnesses for the hearing.

It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to invite your witnesses to attend the hearing or provide their statements via videoconferencing. Subpoenas should be sent in advance to all witnesses so that they are aware of the requirement that they attend the hearing. Additionally, you should keep your witnesses' addresses and phone numbers on file in case they're called to testify in the future.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A large percentage of children are not able to recover and will have to live suffering from the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these ailments to develop a life-long cost-of-living estimate. This determines the amount you are entitled to receive from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases.

Once your lawyer has identified the harms your child has suffered, she will start a lawsuit against defendants. Both sides will go though the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal case as it helps you build your case. It can take up one year to arrive at a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to obtain compensation that covers medical expenses and future costs for treatment, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who delivered your child. The defendants are then given a specific amount of time to respond. In this phase of discovery the parties will gather evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial, as it's cost-effective for all parties involved. However, if your attorney is confident they can win in court, they could decide to take the case all the way to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable you may appeal. While this procedure can take more time but it also increases the amount of the amount you are awarded.